(a) In addition to the other requirements set forth in this chapter and any other conditions imposed by the Director of Public Service or his/her designee, each permittee shall comply with the following obligations:
(1) Use its best efforts to cooperate with other permittees and the City for the best, most efficient, most aesthetic and least obtrusive use of the public right-of-way, consistent with safety, and to minimize traffic and other disruptions including street cuts;
(2) Participate in such joint planning, construction and advance notification of right-of-way work, excepting such work performed in an emergency; provided the permittee uses its best efforts to contact the City at the earliest possible time after beginning such work, as may be required by this chapter or any other provisions of the Fairlawn Codified Ordinances;
(3) Cooperate with other permittees in utilization of, construction in and occupancy of private rights-of-way, but only to the extent the same is consistent with the grant thereof or is not additionally burdensome to any property owner;
(4) Perform all work, construction, maintenance or removal of structures and facilities within the right-of-way, including tree trimming, in accordance with good engineering and construction practice including any appropriate safety codes and in accordance with the administrative regulations and use its best efforts to repair and replace any street, curb or other portion of the right-of-way, or facilities or structure located therein, to a condition to be determined by the Director of Public Service or his/her designee to be adequate under current standards and not less than materially equivalent to its condition prior to such work and to do so in a manner which minimizes any inconvenience to the public, the City and other permittees, in accordance with the Fairlawn Codified Ordinances and other applicable law;
(5) Use its best efforts to cooperate with the City in any emergencies involving the public right-of-way in such manner, including providing the Director of Public Service or his/her designee with the name, address, telephone number, and e-mail address of a twenty-four-hour emergency contact person;
(6) Use distinct identification, identify the owner and contact information on the actual structures and/or facilities in the right-of-way;
(7) Avoid interference with City's radio communications for police, fire, and emergency services. In the event that the City has reason to believe that permittee's radio communications or operations are causing interference with the City's radio communications operations, then the permittee, at its cost, shall immediately cooperate with the City to either rule out permittee as the source of such interference or eliminate the interference. Cooperation with the City may include, but shall not be limited to, temporarily switching the wireless facilities on and off for testing; and
(8) Use best efforts to avoid undue adverse impacts upon adjacent properties and/or uses that may arise from the construction, maintenance, modification, or removal of facilities and structures.
(b) Each permittee shall assure that any contractor, subcontractor, or other person performing any work or service in the right-of-way on behalf of said permittee will comply with all applicable provisions of this chapter, all applicable provisions of Chapter 1024 of the Fairlawn Codified Ordinances, and the terms and conditions of its right-of-way permit. Each permittee will identify the permittee for whom such subcontractor is working. Said permittee shall be responsible and liable hereunder for all actions of any such subcontractor or others as if said permittee had performed or failed to perform any such obligation.
(c) Following the initial receipt of a right-of-way permit that was granted by the City under this chapter, every permittee shall be required to apply for and obtain the Director of Public Service or his/her designee's approval for any new placement of facilities in the right-of-way or material modification to current facilities in the right-of-way.
(1) For the purposes of this section, MATERIAL MODIFICATION shall mean any modification that substantially changes the size, capacity, or type of existing structure or facility, or involves a substantial change in the type of service, technology, or delivery methodology. For purposes of this section, "material modification" shall include but not be limited to the following:
A. Increases the height of the existing structure by more than ten percent or more than ten feet, whichever is greater, or results in a total height that exceeds the height limitations set forth in this chapter;
B. Involves adding an appurtenance to the body of a structure or facility that would protrude from the edge of the structure or facility by more than six feet;
C. Involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for wireless support structures, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;
D. Entails any excavation or deployment outside the current site;
E. Involves changes that would defeat the existing concealment or screening of the existing structure of facilities.
(2) The application for the Director of Public Service or his/her designee's approval shall be filed in such form and in such manner as any procedures created by the Director of Public Service or his/her designee under this chapter require. Within fifteen days of the receipt of a completed application for such new facilities installation or material modification, the Director of Public Service or his/her designee shall either: approve the new facilities installation or material modification as requested; deny the new facilities installation or material modification as requested; or conditionally approve the new facilities installation or material modification subject to the permittee's following certain amendments to the work as may be required by the Director of Public Service or his/her designee.
(3) When reviewing an application for new facility installation or material modification, the Director of Public Service or his/her designee shall take into consideration all applicable current and future right-of-way usage needs, the health and safety of the public, responsible land use planning requirements, economic development issues, aesthetics, and any other reasonable considerations as may be required by this chapter.
(4) When granting a conditional approval for new facilities installation or material modification that contains required amendments, the Director of Public Service or his/her designee may require the facilities, at the permittee's sole cost: be placed in certain specific locations of the right-of-way, meet certain technological or physical parameters, and/or be located entirely underground.
(5) A permittee may appeal the Director of Public Service or his/her designee's decision regarding the approval or denial of a request for new facilities installation or material modification of a permittee's facilities to the Environmental Services Commission in accordance with Section 1026.04(e).
(Ord. 2016-080. Passed 10-17-16; Ord. 2018-029A. Passed 7-16-18.)